Agenda of Ordinary Meeting - 10 May 2010 · Agenda Ordinary Meeting Notice is hereby given that a...

Agenda

Ordinary Meeting

Not ice i s he reby g iven tha t a Ord ina ry Meet ing o f Counc i l w i l l be he ld a t Counc i l Chambers , 1 Be lg rave S t ree t , Man ly , on :

Monday 10 May 2010

Commenc ing a t 7:30:00 PM fo r the purpose o f cons ide r ing i tems inc luded on the Agenda.

Persons in the gal lery are advised that the proceedings of the meet ing are being taped for the purpose of ensur ing the accuracy of the Minutes . However , under the Local Government Act 1993, no other tape recording is permitted wi thout the author i ty of the Counc i l or Committee. Tape recording inc ludes a v ideo camera and any e lectronic device capable of recording speech.

Copies of bus iness papers are avai lable at the Customer Serv ices Counter at Manly Counc i l , Manly L ibrary and Seaforth L ibrary and are

avai lable on Counc i l ’s webs ite: www.manly.nsw.gov.au

S e a t i n g A r r a n g e m e n t s

f o r M e e t i n g s

Staff General Manager

Chairperson Staff

Minute Taker

Clr Dr Peter Macdonald

Clr Hugh Burns

Clr Barbara Aird

Clr Cathy Griffin

Clr Mark Norek

Clr Richard Morrison

Mayor Clr Jean Hay AM Clr Lauren Elder Clr Adele Heasman Clr Craig Whitting Deputy Mayor Clr David Murphy Clr A Le Surf

Press

Public Addresses

Chairperson: The Mayor, Clr Jean Hay AM Deputy Chairperson: Deputy Mayor Clr David Murphy

Public Gallery

ORDINARY MEETING 10 MAY 2010

Ordinary Meeting Agenda Page 1

TABLE OF CONTENTS Item Page No. OPENING PRAYER APOLOGIES AND LEAVE OF ABSENCE DECLARATIONS OF INTEREST CONFIRMATION OF MINUTES

The Ordinary Meeting of Monday, 19 April 2010

The Extraordinary Meeting of Council of Tuesday, 04 May 2010 PUBLIC FORUM (In accordance with Clause 66 in Council’s Code of Meeting Practice, Public Forum is for a maximum of fifteen (15) minutes for matters that are not listed on the Agenda. A total of five (5) people may address Council for a maximum of three (3) minutes each.) MAYORAL MINUTES Mayoral Minute Report No. 4 Mayors for Peace ................................................................................................................... 3 NOTICES OF MOTION Notice of Motion Report No. 18 Manly Lagoon Motion Restoration Update ............................................................................. 4 Notice of Motion Report No. 19 Bans the use of Trans Fatty Acids from all Council Operations .............................................. 5 Notice of Motion Report No. 20 First Aid Training For Council Staff ........................................................................................ 6 Notice of Motion Report No. 21 Maintenance of Council Infrastructure on West Esplanade and North Steyne ........................ 7 Notice of Motion Report No. 22 Accurate mapping of Seagrass beds in North Harbour........................................................... 8 Notice of Motion Report No. 23 No New Coal Fired power stations in NSW ............................................................................ 9 NOTICES OF RESCISSION Notice of Rescission Report No. 3 Manly Scenic Walkway - West Bolingbroke Parade Cul-de-sac - Completion of the "Missing Link" and the Issue of Private Vehicle Access ........................................................ 11 REPORTS OF COMMITTEES Report Of Committees Report No. 19 Minutes for Adoption by Council - Special Purpose Committees - without recommendations of a substantial nature. ............................................................................ 13



CORPORATE SERVICES DIVISION Corporate Services Division Report No. 13 Report on Council Investments as at 31 March 2010 ........................................................... 14 Corporate Services Division Report No. 14 March Quarterly Budget Review .......................................................................................... 17 Corporate Services Division Report No. 15 Goods and Services Tax (GST) - Council Compliance Requirements .................................. 21 PLANNING AND STRATEGY DIVISION Planning And Strategy Division Report No. 12 Quarterly Update Report on the Management Plan 2009-2012 for the period 1st January to 31st March 2010 ................................................................ 24 QUESTIONS WITHOUT NOTICE MATTERS OF URGENCY (In accordance with Clause 241 of the Local Government (General) Regulations, 2005) CLOSED SESSION

***** END OF AGENDA *****



TO: Ordinary Meeting - 10 May 2010

REPORT: Mayoral Minute Report No. 4

SUBJECT: Mayors for Peace

FILE NO:

I Move that: Council write to the Prime Minister, the Hon. Kevin Rudd, requesting the Federal Government to adopt recommendations 8, 9 and 21 of the Joint Standing Committee on Treaties in relation to nuclear weapons, which was supported by all political parties. The recommendations follow: Recommendation 8: The Committee recommends that the Australian Government make clear in international forum its support for the adoption of a Nuclear Weapons Convention. Recommendation 9: The Committee recommends that the Australian Government allocate research and consultation resources to the development of a Nuclear Weapons Convention with a clear legal framework and enforceable verification. Recommendation 21: The Committee recommends that the Parliament adopt a resolution on the Parliament's commitment to the abolition of nuclear weapons. Background In September 2009 a federal parliamentary inquiry resulted in unanimous cross-party support for Australia to play a leading role in ridding the world of nuclear weapons. A report issued by the Joint Standing Committee on Treaties (JSCOT) following its examination of nuclear disarmament and non-proliferation treaties made the unanimous recommendations above.

RECOMMENDATION I Move that: Council write to the Prime Minister, the Hon. Kevin Rudd, requesting the Federal Government to adopt recommendations 8, 9 and 21 of the Joint Standing Committee on Treaties in relation to nuclear weapons, which was supported by all political parties. The recommendations follow: Recommendation 8: The Committee recommends that the Australian Government make clear in international forum its support for the adoption of a Nuclear Weapons Convention. Recommendation 9: The Committee recommends that the Australian Government allocate research and consultation resources to the development of a Nuclear Weapons Convention with a clear legal framework and enforceable verification. Recommendation 21: The Committee recommends that the Parliament adopt a resolution on the Parliament's commitment to the abolition of nuclear weapons.

ATTACHMENTS There are no attachments for this report.

OM100510MM_1.doc

***** End of Mayoral Minute Report No. 4 *****




REPORT: Notice of Motion Report No. 18

SUBJECT: Manly Lagoon Motion Restoration Update

FILE NO:

Councillor Whitting will move: That staff provide a report on - rehabilitation outcomes achieved to date - any delays encountered, and - anticipated completion dates for works which have already been funded by a DECCW grant,

towards restoration of Manly Lagoon. Background In 2008 Council successfully obtained a substantial grant (approximately $700,000) to undertake a suite of restorative actions at 5 locations throughout Manly Lagoon. The timeline for that program requires completion of all funded actions by not later than December 2011. Restoration of the Lagoon to a standard where primary contact is again safe will be a long and complex process. The area has suffered a century or more of degradation from activities within the catchment and these cannot be reversed quickly. However, the DECCW funding provides opportunities for very substantial progress. The works planned cannot easily be completed in a short period, they inevitably need some staging. It is important that we maximise the success of the program by maintaining progress and that Councillors are kept informed of that progress to assist in managing community expectations. A report on progress against the funding actions and their outcome milestones is a necessary part.

RECOMMENDATION That the Notice of Motion be submitted for consideration.


OM100510NM_1.doc

***** End of Notice of Motion Report No. 18 *****





SUBJECT: Bans the use of Trans Fatty Acids from all Council Operations

FILE NO:

Councillor Whitting will move: That Manly Council bans the use of Trans Fatty Acids from all Council Operations. 1. That Manly Council recognises that heart disease is one of the leading causes of death and

disability in Australia and is the cause of one in six deaths in Australia each year and unfortunately is expected to affect one in four Australians by 2051.

2. That Manly Council commits to reducing the risk factors associated with Trans Fatty Acids by

banning the use of all synthetic Trans Fatty Acid Foods from all council operations and service outlets.

3. A report be prepared by council with suggested measures to raise public awareness of the

risks of Trans Fatty Acids and other cholesterol raising saturated fats, so as to reduce their use in all food preparation and food production.

Background Medical studies dating back to 1990 have consistently shown that Trans Fats are a key player in the epidemic of heart disease and has been linked it to the risk of elevated cholesterol levels. Trans Fatty Acids are completely unnecessary and provide no nutritional benefits, they deplete good cholesterols and increase bad cholesterols, and there is no safe level of Trans Fats Consumption. Artificial Trans Fats are synthetic oil commonly found in many fast foods and some supermarket baked goods, confectionary lines and margarines. They are added to improve shelf life, taste and texture and are predominately used in shallow and deep frying food. The Heart Foundation has completed significant research into the cause and effects of heart disease and found that their eradication from diets will contribute to health improvements and longer life outcomes.



OM100510NM_2.doc






SUBJECT: First Aid Training For Council Staff

FILE NO:

Councillor Burns will move: That 1. To offer voluntary training to all Council outdoor and interested office staff to ideally give all

outdoor staff the knowledge and confidence about what to do should a member of the public collapse in Manly, so as to be able save their life. This training would including placement with a volunteer group on a few weekend days for further practical training beyond a basic course such as "senior first aid".

2. The availability and placement of defibrillation equipment around Manly is reviewed to ensure

a machine can be available for use to all CBD and reserve public areas within 3 minutes (by foot). As required additional equipment and housing locations may be required to achieve this.

Background At major public and sporting events where there are large numbers of the public in attendance there are usually volunteer first aid officers in attendance. One well known organisation is the St John Ambulance, a self funded charity. It has been found by this organisation that having well trained First Aiders quickly available, together with appropriate defibrillation equipment vastly increases the survival rate from heart attacks and other causes leading to cardiac arrest. The survival rate at major venues manned by them is quoted by St John to be 71% as opposed to 5% in the community. The resuscitation success depends on prompt action with typically a time limit of 10 minutes, even when performing Cardio-Pulmonary Resuscitation (CPR). Two Councillors saw an incident where an elderly gentleman collapsed onto the road at the Beach end of the Corso on Thursday afternoon around 5:00pm. Two rangers and surf club members were in attendance. The ambulance appeared to take over 10 minutes to arrive. CPR was applied. Portable defibrillation equipment was not used. However it is believed the patent died. Given the high level of visitors to Manly as a major Tourist Centre, to increase the survival rates it would assist to train more members of our community in basic First Aid techniques and have defibrillation equipment available quickly to all the major public areas. The optimum need for the equipment is within 3 minutes. Council have many staff out in the public areas of Manly during the day. These include Lifeguards (already trained), Rangers and cleaning and maintenance staff.



OM100510NM_3.doc






SUBJECT: Maintenance of Council Infrastructure on West Esplanade and North Steyne

FILE NO:

Councillor Burns will move: That repairs and remediation are carried out on the Art Gallery rear exterior, West Promenade beach stairs and the North Steyne toilet block exterior. That a review of the inspection and remediation activities being carried out in Council public areas is carried out to assess adequacy, with a report brought back to Council and an annual certification process introduced. Background There is presently a need for repairs to a number of beachside council buildings and public space structures on West Esplanade and the Ocean Beach to improve the standard of presentation. The Art Gallery external painting and soffit repairs to the rear of the building are still yet to be completed and further spot remediation of the front now appears required. The painted steel hand railings on a number of the stairs going down from the West Esplanade reserve to the harbour beach are heavily corroded at the bases and need to be replaced with new stainless steel railings. The corroding exposed roof beams of the restaurant over the toilet block that Council leases out on North Steyne and the whole exterior of this building appears to need attention and repainting. Other than the actual works, such as those identified above, it appears there is also need review the regular program of inspection and remediation being carried out in Council's public areas to better detect and ensure Council's buildings and structure assets are maintained to a high standard of presentation, commensurate with the number of visitors these areas enjoy. Council needs to review its building and structure inspection and repair regimes to ensure high standards of presentation are maintained, with a report brought back to Council on the proposed changes and a requirement that a responsible member of staff certify the building and public space assets have been properly inspected and maintained within the preceding 12 months, as part of each annual report.



OM100510NM_4.doc






SUBJECT: Accurate mapping of Seagrass beds in North Harbour

FILE NO:

Councillor Griffin will move: That Manly Council review The North Harbour Coastline Management Study Chapter 8, Ecological Environment in particular Figure 8.1.1a by mapping the seagrass beds in the study area to confirm the accuracy and location of all the seagrass beds.

This figure and accompanying text depicts the seagrass beds in the Manly Coastline Management Study. However it is not considered to accurately map the extent of the seagrass beds in the study area which is stated to be only 2.79 ha.



OM100510NM_5.doc






SUBJECT: No New Coal Fired power stations in NSW

FILE NO:

Councillor Griffin will move: That Council: 1. Adopts a position of opposing all new coal-fired power stations in NSW on the grounds that it

is incompatible with mitigating dangerous climate change. 2. Writes to the Member for Manly, the Premier, the Minister for Planning, and Minister for

Environment, stating this position and asking that they reject the new coal-fired power stations and invest in energy efficiency measures and renewable power sources instead.

3. Promotes this position on the Council website and in the Council column in the Manly Daily. 4. Makes a submission to the environmental assessment processes of these two projects. Council notes: Two new coal-fired or gas power stations are planned for NSW at Bayswater in the Hunter Valley and Mt Piper at Lithgow and currently have an environmental assessment with the Department of Planning. Burning coal releases a lot of carbon dioxide and is a major cause of climate change. The new coal-fired power stations planned will produce 23 million tonnes of carbon dioxide every year. This is an increase of 34% of NSW stationary energy emissions. The gas powered option 12.9 million tonnes of carbon dioxide each year. This is an increase of 19% of NSW stationary energy emissions. Background Macquarie Generation and Delta Electricity have both submitted plans to the Department of Planning for either new coal fired generators or gas powered generators. The Bayswater B power station, located in the Hunter Valley would generate 2 gigawatts of electricity. The coal fired option would produce 12,428,200 tonnes of carbon dioxide annually, while the gas powered option would produce 5,918,600 tonnes of carbon dioxide annually. The Mt Piper Power Station Extension, located near Lithgow, would generate 2 gigawatts of electricity. The coal fired option would produce 10,470,000 tonnes of carbon dioxide annually, while the gas powered option would produce 4,910,000 tonnes of carbon dioxide annually. The latest climate science says that climate change is happening more rapidly than previously thought and that we are in danger of hitting natural tipping points that will increase the rate of warming further with drastic consequences for humanity. Rajendra Pachauri, head of the International Panel on Climate Change (IPCC) has said clearly and unequivocally that we must aim to keep the amount of carbon dioxide in the atmosphere at 350 parts per million (ppm) or below. Since the industrial revolution, we have increased the amount of carbon dioxide from 280ppm to 383ppm.


Notice of Motion Report No. 23 (Cont’d)


James Hansen, Director of the NASA Goddard Institute for Space Studies and perhaps the most respected climate scientist in the world, told The Guardian: "coal is the single greatest threat to civilisation and all life on our planet...The trains carrying

coal to power plants are death trains. Coal-fired power plants are factories of death." (Feb 2009)

Australia is the biggest emitter of greenhouse gases per capita. We must drastically and swiftly reduce our emissions if we are to avoid catastrophic climate change. Building new coal fired power stations, or even gas power stations is incompatible with combating climate change. NSW can avoid building new fossil fuel power stations by investing in energy efficiency measures, building renewable energy power such as wind and solar thermal, and encouraging small scale clean energy installations through rebates and feed in tariffs. Decisions about how we source electric power in NSW will affect the ability of Manly Council and Manly residents to access clean energy options and lower greenhouse gas emissions.



OM100510NM_6.doc





REPORT: Notice of Rescission Report No. 3

SUBJECT: Manly Scenic Walkway - West Bolingbroke Parade Cul-de-sac - Completion of the "Missing Link" and the Issue of Private Vehicle Access

FILE NO:

Councillor Norek, Councillor Morrison, and Councillor Whitting will move: “That the Council’s decision of 19 February 2007 being Item in respect of General Managers Division Report No. 3 Manly Scenic Walkway - West of Bolingbroke Parade Cul-de-sac - Completion of the "Missing Link" and the Issue of Private Vehicle Access - Further Report be and is hereby rescinded.”

The resolution passed on 19 February 2007 was in the terms of: That: 1. Council proceed with the Option 3 scenario and that Council establish a 5 minutes loading

zone at the end of Bolingbroke Parade and staff investigate the provision of increased parking in Bolingbroke Parade by the installation of angle parking.

2. Council install bollards to preclude private vehicle access to the Reserve and that the pathway between the end of the cul-de-sac at Bolingbroke Parade and the Foreshore Pathway be upgraded to a standard suitable for emergency vehicle access. Further, that emergency services be provided with the necessary key access.

3. Council proceed as soon as possible to upgrade the Foreshore Scenic Pathway to a standard commensurate with the general pathway construction and that the area be landscaped to present as a pedestrian pathway within the Foreshore Reserve and that there be no provision made for private vehicle access or parking in the Reserve as this would be contrary to the advice of the Minister and the Department of Lands.

If the above Notice of Rescission Motion is carried, it is proposed to move the following alternate motion: 1. That Council support the owners of numbers 53 and 55 Lauderdale Avenue, Manly in

maintaining vehicle access to the respective properties through Esplanade Park via the cul-de-sac at the end of Bolingbroke Parade – by one of the following means:- a) The Council notify the Department of Crown Lands that it supports the owners s.34A

application to obtain a right of way over a part of Esplanade Park sufficient to allow vehicle access to the subject properties; or

b) That Council acquire the land using the provisions of the Land Acquisition (Just Terms) Compensation Act.

2. Council then proceed to develop that part of the scenic walkway foreshore as a shared

pedestrian/vehicle access way. a) That in order to achieve a suitable shared pedestrian/vehicle access way that Council

investigate the construction of an elevated timber pedestrian walkway below and around the area used for vehicle access.

3. Council seek contribution from the owners towards the acquisition of the relevant part of the Reserve and seek undertakings from owners that adequate insurances will be maintained.

RECOMMENDATION


Notice of Rescission Report No. 3 (Cont’d)


Submitted for consideration.


OM100510NR_1.doc

***** End of Notice of Rescission Report No. 3 *****




REPORT: Report Of Committees Report No. 19

SUBJECT: Minutes for Adoption by Council - Special Purpose Committees - without recommendations of a substantial nature.

FILE NO:

The minutes of the following Special Purpose Committee meetings are tabled at this meeting. Minutes of Meetings for adoption without recommendations of a substantial nature.

i) Manly Lagoon Catchment Coordinating Committee – 11 March 2010

RECOMMENDATION That Minutes of the following Special Purpose Committee Meetings be adopted:

i) Manly Lagoon Catchment Coordinating Committee – 11 March 2010


OM100510RC_1

***** End of Report Of Committees Report No. 19 *****




REPORT: Corporate Services Division Report No. 13

SUBJECT: Report on Council Investments as at 31 March 2010

FILE NO:

SUMMARY In accordance with clause 212 of the Local Government (General) Regulation 2005, a report setting out the details of money invested must be presented to Council on a monthly basis.

The report must also include certification as to whether or not the Investments have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

REPORT Council is required to report on a monthly basis, all invested funds which have been made in accordance with the Local Government Act 1993, The Local Government (General) Regulation 2005, and Council’s Investment Policy. Attached is the report of the bank balances and investment performance for March 2010. Certification – Responsible Accounting Officer I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy. Investment Performance The Investment Report shows that Council has total Investments of $16,521,054, comprising a combined Bank Balance of $121,130; and Investment Holdings of $13,349,923 directly managed and $3,050,001 externally managed. Investments overall performed below the 90 day average Bank Bill Swap Rate (BBSW) for the month providing a return of 4.09% (Council Benchmark =4.32% - benchmark is 90 day average BBSW)

The reduced interest returns for March are a result of several investments not paying interest coupons and initiating capital guarantee mechanisms to protect the investment. These include Emu Note (Dresdner Bank), Credit Suisse Aquaduct; Longreach Socially Responsible Note, ANZ Climate Change Trust, Westpac Principal Protected Ethical Note, and Lehman Bros Zircon (Coolangatta) and Beryl (Global Bank Note). Lehman Brothers Australia (Grange) Portfolio Performance Return on Lehman Brothers Australia Limited (Grange) Managed Funds since inception was 7.43%, less than the benchmark UBSWA Index of 5.75% (for the month of March 2010 the monthly return was 1.83% below the benchmark UBSWA Index). Whilst the current market value of these investments (included in the report for information) shows a reduction in the value and the returns reported by Lehman Brothers Australia (Grange) indicate a return below benchmark, it is important to note that the Investments are recorded by Council at their original principal face value, and there would be no erosion of Council’s initial capital investment if the investment continues to be held at the present time to maturity.


Corporate Services Division Report No. 13 (Cont’d)


Movements in Investments for the Month of March 2010 Investments Made Issuer Particulars Face Value Savings and Loans Credit Union Limited Term Deposit $500,000 Police and Nurses Credit Union Term Deposit $500,000 Credit Union Australia Term Deposit $500,000 Adelaide and Bendigo Bank Term Deposit $500,000 Macquarie Bank Term Deposit $500,000 Greater Building Society Term Deposit $571,268.28 Macquarie Bank Term Deposit $506,856.17 Investments Matured Issuer Particulars Face Value Redeemed Value Macquarie Bank Term Deposit $500,000 $500,000 Greater Building Society Term Deposit $500,000 $500,000 Summary During the month, a credit event occurred involving Ambac Assurance a major bond (monoline) insurer in the United States. Ambac was a reference entity in one of CDOs held by Council – Corsair (Torquay). The March, 2010 quarter coupon payment season was completed during the month. All expected coupons were received with the exception of the Coolangatta and Global Bank Note. Future coupon payments on CDOs impacted by the Ambac credit event will also be reduced by the amount of principal that has calculated to have been lost. The Reserve Bank raised interest rates a further 0.25% in early April to 4.25%. Further rises during this financial year are expected. Term deposit rates remained very competitive during the month with returns over 6.00% being possible for periods up to six months. Some of the major banks reduced their term deposit rates early in the month after setting rates at a relatively high level in the early part of this calendar year. Council is proactive in seeking good opportunities to invest in Australian Approved Deposit Institutions offering good returns with very low risk. Returns on longer dated investments are offering the best returns however Council is mindful of its liquidity requirements coming up to the end of the financial year.

RECOMMENDATION That: the statement of Bank Balances and Investment Holdings as at 31 March, 2010 be received and noted.

ATTACHMENTS AT- 1 Investment Report 1 Page OM100510CSD_1.doc

***** End of Corporate Services Division Report No. 13 *****

ATTACHMENT 1

Corporate Services Division Report No. 13 - Report on Council Investments as at 31 March 2010

Investment Report






SUBJECT: March Quarterly Budget Review

FILE NO:

SUMMARY Council’s income and expenditure for the quarter 1 January 2009 to 31 March 2010 has been reviewed, together with a projection of Council’s Budget as at 30 June 2010, and a Statement of Variations which have occurred is submitted. After adoption of the recommended adjustments the result for the quarter is a deficit of $91,000 and a forecast deficit at 30 June 2010 of $546,817.

REPORT Council is required to prepare a budget review statement each quarter, in accordance with Clause 7 of the Local Government (General) Regulation 2005. This report is prepared in accordance with the clause for the period ended 30 June 2010. The purpose of these reviews is to ensure that the impact of financial variation, which should only be of a minor nature, is reflected in the forecast of Council’s global budgetary position, and the adopted Budget adjusted accordingly. The following is a summary of Council’s adopted Budget for 2009/2010 and revised estimates of Income and Expenditure to 30 June 2010, following the adjustments included in this report.

Original Budget

Revised Budget at

31/12/2009

Revised Budget at

31/03/2010 Operating Income -$59,376,111 -$60,577,490 -$60,618,490 Capital Income -$16,005,815 -$18,857,843 -$18,957,843

Total Income -$-75,381,926 -$79,435,333 -$79,576,333 Operating Expenditure $58,942,543 $60,824,942 $60,905,727 Capital Expenditure $16,702,093 $19,066,208 $19,217,423

Total Expenditure $75,644,636 $79,891,150 $80,123,150

Net Surplus / (Deficit) ($262,710) ($455,817) ($546,817)

Net Program adjustments for the quarter are summarized in the following table which outlines the aggregate changes to program areas in the Budget for the Quarter ended 31 December 2009.

Prog No. Program Variation

1.0 Corporate Services $7,000

2.0 Planning & Strategy $0

4.0 Human Services & Facilities $5,000

5.0 Recreation & Culture $58,900

6.0 Environmental Services -$19,500

7.0 Public Order & Safety $11,500

8.0 Urban & Infrastructural Services $28,100

9.0 Environmental & Community Amenities $0




10.0 General Purpose Revenues $0

Net Budget Variation – Deficit $91,000

Major items included in the variances (excluding minor/internal transfers across programs) are summarized below: (Note: Grants received for specific programs will have a matching expenditure.)

Program Details $

1.3 Filming fees – reduction in income +$7,000

5.4 Hire of Council Halls & Facilities – additional income -$19,000

5.7 Sale of Columbarium niches -$5,000

5.5 Civic Events – performance costs etc savings -$11,500

7.1 Manly World Food Markets etc +$11,500

5.5 Visitor Information Centre +$31,500

5.7 Manly 2015 Project – Consultants +$100,000

6.3 Environmental Services – additional income from fees and fines -$19,500

8.1 Manly Tourist Bus service – Estimated income - $4,500 - Estimated expenses +$10,000

+$5,500

After adoption of the recommended adjustments the result for the quarter is a deficit of $91,000 and a forecast deficit at 30 June 2010 of $546,817. Appended to this Report is a statement on the estimated position of Council Reserves (Restricted Funds) balances at 30 June 2010. Statutory Report In accordance with Part 9 Division 3 of the Local Government (General) Regulation 2005, Council’s Chief Financial Officer hereby certifies that the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure.

RECOMMENDATION THAT the 2009/2010 Adopted Budget be varied in terms of this Report.

ATTACHMENTS AT- 1 Budget Summary 1 Page AT- 2 Schedule of Cash Reserves 1 Page

OM100510CSD_2.doc


ATTACHMENT 1

Corporate Services Division Report No. 14 - March Quarterly Budget Review

Budget Summary


ATTACHMENT 2

Corporate Services Division Report No. 14 - March Quarterly Budget Review

Schedule of Cash Reserves






SUBJECT: Goods and Services Tax (GST) - Council Compliance Requirements

FILE NO:

SUMMARY Confirmation of Council’s compliance with its GST requirements for 2010.

REPORT Council has an annual obligation to provide the Division of Local Government, Department of the Premier and Cabinet, with a GST compliance certificate (in accordance with Section 114 of the Commonwealth Constitution) stating the following:

Voluntary GST has been paid by Manly Council for the period 1 May 2009 to 30 April 2010.

Adequate management arrangements and internal controls were in place to enable Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

No GST non-compliance events by the Council were identified by or raised with the Australian Taxation Office.

The Manager Financial Services confirms:

Council lodges a monthly Business Activity Statement (BAS) with the Australian Taxation Office (ATO) using the non cash (accruals methodology);

All returns have been lodged on time;

All Fringe Benefits Tax (FBT) quarterly instalments have been paid;

Council’s financial system provides sound GST reporting functionality with an accompanying audit trail;

The ATO has undertaken an audit of Council’s accounting system and the preparation of activity statements. GST compliance is also included as part of the annual audit.

The certificate is to be signed by the Mayor, the Deputy Mayor (or one other Councillor), the General Manager and the Responsible Accounting Officer, confirming that Council has complied with GST requirements. The certificate is to be signed in accordance with a resolution of Council, and forwarded to the Department by the 31 May. By 8 June each year, the Commonwealth seeks from members of the GST Administration Subcommittee (GSTAS) advice on voluntary GST payments by local government bodies. Attached to this report is the Goods and Services Tax (GST) Compliance Certificate for the period 1 May 2009 to 30 April 2010 that meets these requirements. Statement by Manager Financial Services I hereby certify that to the best of my knowledge and belief that all GST required to be paid for the period 1 May 2009 to 30 April 2010 has been paid; that Council has in place management arrangements and internal controls to account for GST liabilities and recoup GST input tax credits; and there are no GST non–compliance issues or events that have been identified or raised by the Australian Taxation Office.




RECOMMENDATION That:

1. The advices be received;

2. The Goods and Services Tax (GST) Compliance Certificate for the period 1 May 2009 to 30 April 2010 be signed by the Mayor, the Deputy Mayor (or one other Councillor), the General Manager and the Responsible Accounting Officer.

ATTACHMENTS AT- 1 GSTCompliance Certificate 1 Page

OM100510CSD_3.doc


ATTACHMENT 1

Corporate Services Division Report No. 15 - Goods and Services Tax (GST) - Council

Compliance Requirements

GSTCompliance Certificate





REPORT: Planning And Strategy Division Report No. 12

SUBJECT: Quarterly Update Report on the Management Plan 2009-2012 for the period 1st January to 31st March 2010

FILE NO:

SUMMARY This report provides a review of the achievements towards meeting the outcomes set by Council as described in the Management Plan 2009 – 2012 for the period 1 January 2010 to 31 March 2010, in accordance with the requirements of the Local Government Act, 1993.

REPORT Section 407 of the Local Government Act, 1993, requires the General Manager to report periodically "as to the extent to which the performance targets set by the Council's current management plan have been achieved during each quarter." (Refer to End Note #1). In June 2009, Council adopted the 2009-2012 Management Plan. Contained within this Management Plan are the five (5) Principal Activities undertaken by Council, being: 1. Governance 2. People and Place 3. People Services 4. Infrastructure Services 5. The Environment The actions matrix derived from Council’s Management Plan has been updated for the January to March 2010 quarter, and is circulated under separate cover, along with trend data on the key performance indicators listed in Council’s Management Plan 2009–2012. The graphs, displaying data for the 2008 and 2009 calendar years as well as data for 2010 for comparative analysis, are also circulated under separate cover. This Report provides for the requirement of statutory quarterly reporting on the Council’s five Principal Activities in the Management Plan for the period ending 31 March 2010. Some of the key highlights for the second quarter, being January to March 2010 are as follows: The Review of Environmental Factors for dredging Manly Lagoon was formally lodged with the

NSW Lands and Property Management Authority (formerly Dept Lands) and was forwarded to the other state agencies whose concurrence / input is required eg Fisheries and Department of Environment, Climate Change and Water.

At the Ocean Beach, the returfing and levelling of the Queenscliff end of the beachfront was

carried out with 4500 m2 of turf laid to complete much of the landscaping works. The south end opposite Raglan Street also had approximately 400m2 of re-turfing.

Sea Wall Toe Protection Measures: The Commonwealth funded project for the toe protection

works of 200m of seawall located north of North Steyne Surf Club has commenced. Under the funding agreement, the project needs to be completed early in the new financial year.


Planning And Strategy Division Report No. 12 (Cont’d)


Work on the extension to the Roundhouse Childcare Centre commenced utilizing $1.4M federal funding (Early Childhood and Learning Centres Grant Fund), and will, in turn, more than double the places the Centre provides to 90 places.

Burnt Bridge Creek Integrated Restoration Project (NSW Environmental Trust Funded). The

joint project with Warringah Council has now entered the second year of the three year project. The business plan and project plan required by the funding body has been lodged and signed off. In due course a progress payment of $1.0 million from the $1.997 million total funds from the NSW Environmental Trust will be received by Council to enable the implementation phase to commence.

Council, as an organisation, implemented the recommendations of the review of its structure,

and new reporting lines have been established accordingly. The new structure went “live” in the first week in February.

Councillors and Senior Staff attended a planning workshop in February and agreed on

progressing as a priority the following four broad strategies:

i. The development of a strategic Masterplan from the Manly Central Business District to be named Manly 2010.

ii. The development of a 10 year Community Strategic Plan, and the community engagement process to be employed; involving focus groups and the creation of a community panel.

iii. Linking with the above, moving forward with the statutory requirement to develop an Integrated Planning and Reporting Framework to go live in 2011. It is noted that in this year (2010) one further Management Plan document will be produced in the current format and style as we transition to the new IPR arrangements; and

iv. As part of the above points, taking forward the 5, 10 and 15 year themes and actions that will deliver to the residents, ratepayers, employees, businesses and visitors the Manly they would like to see in 2020 and beyond.

Commencement of the first official Hop, Skip and Jump bus tour of Manly on the 27th

February. Comments on feedback forms were encouraging as customers enjoyed the whole experience, especially the commentary, guides, drivers and of course the views. Marketing of the service is ongoing.

Autumn and winter training by sporting clubs (soccer, football, running, etc) are benefiting from the Manly Oval Lighting Project that was completed in February and the Manly Oval Picket Fence project was also completed that month.

A Manly Youth Council Blog and Twitter page have been developed to present and update

information in a more appealing manner for young people. This blog and twitter page, will enhance the consultation process for the Youth Strategy.

The World Food Markets on Friday evenings in the Council’s forecourt attracted such

significant numbers that the program is now being extended to the 28th May.

Manly CBD Place Management - A range of issues have been addressed, identified either by consultation with the Mainstreet body, or the Chamber of Commerce, or from direct observation

by staff. These issues include: Cleanliness of beach front bins, Refilling gravel around trees in

Central Ave, Safety fencing near Manly Surf Club, Extra signage polls along North Steyne and

Timing of fountain lights.




Manly Beach hosted three major surf carnivals held on consecutive weekends along North Steyne and Queenscliff Beaches. Once again it was a popular time for beach reserve bookings.

The Adolescent and Family Counsellors program is working at capacity.

A Community Safety audit of the signage in the Alcohol Free Zone (AFZ) and surrounding

beaches, parks and reserves which are Alcohol Prohibited Consumption Zone (ACPZ) was completed in December 2009. In January 2010, the following actions have been completed:

o 72 ACPZ signs have been installed on light poles along the Ocean Beach, alternating

between the promenade by the ocean wall and the cycle way close to the road.

o 2 double-sided ACPZ signs have been installed on light poles in Gilbert Park.

o 8 new A3 AFZ signs which show a map of the AFZ have been installed in key entry

points in the AFZ.

o 12 additional AFZ signs have been installed in key locations throughout the AFZ to

supplement additional signage. Australia Day 2010 citizenship ceremony was again very successful with Manly welcoming 44

new citizens.

During March the Manly “Boy” Charlton Swim Centre conducted 5 school swimming carnivals without incident, and with total enjoyment by the 1,800 students and 1,000 parent spectators attending.

Bike Paths projects completed included the Bantry Bay Shared Off-Road shared path; Tania

Park to White St On-Road shared path. The Balgowlah Rd from Quirk Rd to Swim Centre Off-Road shared path construction is ongoing, as is Darley Rd from North Head to Marshall St Off-Road shared path works.

A highlight from Council’s School and Community Environmental Education Programs was the Manly Sustainable Schools Gardens Workshop: The “Ready, Set, Grow” school gardens workshop was held on Tuesday, March 16th at Kimbriki Eco Garden, with parents and teachers from schools in Manly. This workshop was extremely successful for schools in the development of effective waste management systems, promoted through the development and maintenance of schools gardens. Schools engaged in this program include: St Mary’s, Balgowlah Heights Public, Ivanhoe Park Kindy, Little Dove Preschool, Roundhouse preschool and Manly West.

Clean Up Australia Day: Manly residents and businesses took part in Clean Up Australia Day and helped keep our environment pristine. Council’s staff liaised with these groups and suggested locations for clean-up sites and coordinated locations for the collected rubbish to be picked up.

E-Waste: There have been four general clean ups over the quarter. The waste management education officers have checked all waste and monitored the occurrences of banned e-waste items being presented in general clean up. The waste team has stickered e-waste items and placed flyers in letterboxes to ask the residents to remove these items from the curb. The e-waste ban has been very successful with an average of only 1% of residents presenting e-waste. Many enquiries were received and answered on the e-waste “hotline”.

Carbon Emissions Reduction Project - Good progress has continued during March with the finalisation of key site audits and the ongoing provision of information for the corporate Carbon Footprint component of the project. Additional time has been required to gather some of the additional information, including waiting from some of the energy providers.




End Note #1

The NSW Local Government Act 1993 has been amended, following the adoption by the State Government of the Local Government Amendment (Planning and Reporting) Act 2009 on 1 October 2009. In accordance with the DLG Circular 10-04 Manly Council is a “Group 2” Council, and the requirements of the new legislation only apply from 1

st July 2011.

Therefore Council continues to report on its current Management Plan under the requirements of the previous legislation (Former Section 407 of the Local Government Act, 1993) until the 1 July 2011.

RECOMMENDATION It is recommended that the report on the third quarterly review of the Management Plan 2009-2012 for the period ending 31 March 2010 be received and noted.

ATTACHMENTS AT- 1

Management Plan 2009_2012 Matrix Update for Third Quarter to 31 March 2010

39 Pages

Circulated Separately

AT- 2

MANAGEMENT PLAN KPIs March Qtr 2010 12 Pages

Circulated Separately

OM100510PSD_1.doc

***** End of Planning And Strategy Division Report No. 12 ***** .

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